General delivery conditions for business customers

(1) All deliveries, services and offers from Fabian Koßmehl, THE WEEZEL Vertrieb, Amthausstr. 1, 35428 Langgöns (hereinafter referred to as "Seller") are made exclusively on the basis of these General Terms and Conditions of Delivery. These are an integral part of all contracts that the Seller concludes with its contractual partners (hereinafter also referred to as "Client") regarding the deliveries or services offered by it. They also apply to all future deliveries, services or offers to the Client, even if they are not separately agreed again.

(2) If the customer wishes to use a service offered by the seller in addition to ordering an item, the special terms and conditions of these respective services apply. These conditions are listed for the respective services and, if used, apply in addition to the following conditions. In the event of a conflict between these General Terms and Conditions and the special terms and conditions of the individual services, the latter always take precedence.

(3) Terms and conditions of the client or third parties do not apply, even if the seller does not specifically object to their validity in individual cases. Even if the seller refers to a letter that contains or refers to terms and conditions of the client or a third party, this does not constitute consent to the validity of those terms and conditions.

(1) All offers from the Seller are non-binding and subject to change unless they are expressly marked as binding or contain a specific acceptance period. The Seller may accept orders or contracts within 14 (fourteen) days of receipt.

(2) The sole basis for the legal relationship between the seller and the customer is the written purchase contract, including these General Terms and Conditions of Delivery. This fully reflects all agreements between the contracting parties on the subject matter of the contract. Verbal promises made by the seller prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the written contract, unless it is expressly stated in each case that they continue to be binding.

(3) Additions and amendments to the agreements made, including these General Terms and Conditions of Delivery, must be in writing to be effective. With the exception of the managing director, the owner or an authorized representative, the seller's employees are not authorized to make oral agreements that deviate from the written agreement. To comply with the written form, telecommunication transmission, in particular by fax or email, is sufficient, provided that a copy of the signed declaration is sent.

(4) The seller's information on the subject of the delivery or service (e.g. weights, dimensions, test values, load capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are only approximately relevant, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or markings of the delivery or service. Fluctuating values for natural products, customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts are permissible as long as they do not impair the usability for the contractually intended purpose.

(5) The seller reserves ownership or copyright of all offers and cost estimates made by him as well as drawings, illustrations, texts, advertising materials, calculations, brochures, catalogues, models, tools and other documents and aids made available to the customer. The customer may not make these items accessible to third parties, either as such or in terms of content, without the express consent of the seller, disclose them, use them himself or through third parties or reproduce them. At the request of the seller, the customer must return these items in full to the seller and destroy any copies made if they are no longer required by him in the normal course of business or if negotiations do not lead to the conclusion of a contract. The storage of data made available electronically for the purpose of normal data backup is excluded from this.

(1) The online prices shown apply to online orders via the-weezel.com. The prices apply to the scope of services and delivery listed in the order confirmations. Additional or special services are charged separately. The prices are in EUR ex works plus statutory VAT or, for export deliveries, customs duties, fees and other public charges. You can view your invoices in the "My Account" area if you have registered as a customer and logged in to the website with your access data. The invoices are made available to you electronically in PDF format for download.

(2) If the agreed prices are based on the Seller's list prices and delivery is not to take place until more than four months after the conclusion of the contract, the Seller's list prices valid at the time of delivery shall apply (each less an agreed percentage or fixed discount).

(3) Invoice amounts are to be paid within fourteen days without any deductions, unless otherwise agreed in writing. The date of payment is the date of receipt by the seller. Payment by check is not possible unless separately agreed in individual cases. If the customer does not pay when due, the outstanding amounts will be subject to interest at 5 % per annum from the due date; the assertion of higher interest and further damages in the event of default remains unaffected.

(4) Set-off against counterclaims of the Client or withholding of payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established or arise from the same order under which the delivery in question was made.

(5) The Seller is entitled to carry out or provide outstanding deliveries or services only against advance payment or security if, after conclusion of the contract, it becomes aware of circumstances which are likely to significantly reduce the creditworthiness of the Client and which endanger the payment of the Seller's outstanding claims by the Client from the respective contractual relationship (including from other individual orders to which the same framework agreement applies).

(1) Deliveries are made at the shipping costs and associated shipping conditions based on the selected delivery and shipping methods, which can currently be viewed at https://www.the-weezel.com/hilfe-center/versand__lieferung/. These may be subject to change. For bulky items, which are indicated accordingly in detail, the seller will also charge a bulky goods surcharge indicated on the item.

(2) Deadlines and dates for deliveries and services promised by the seller are always approximate, unless a fixed deadline or date has been expressly promised or agreed. If shipment has been agreed, delivery periods and dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.

(3) The Seller may – without prejudice to its rights arising from the Client’s default – demand from the Client an extension of delivery and performance periods or a postponement of delivery and performance dates by the period during which the Client fails to fulfil its contractual obligations towards the Seller.

(4) The seller is not liable for the impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of workers, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure, incorrect or untimely delivery by suppliers) for which the seller is not responsible. If such events make it significantly more difficult or impossible for the seller to deliver or provide the service and the hindrance is not only of a temporary nature, the seller is entitled to withdraw from the contract. In the case of hindrances of a temporary nature, the delivery or service periods are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by immediately notifying the seller in writing.

(5) The Seller shall only be entitled to make partial deliveries if

• the partial delivery can be used by the customer within the scope of the contractually intended purpose,
• the delivery of the remaining ordered items is ensured and
• This will not result in any significant additional effort or costs for the client.
  (Unless the seller agrees to cover these costs)

(6) If the Seller defaults on a delivery or service or if a delivery or service becomes impossible for him for whatever reason, the Seller's liability for damages shall be limited in accordance with Section 8 of these General Terms and Conditions of Delivery.

(1) The place of performance for all obligations arising from the contractual relationship is the registered office of the Seller or the place of dispatch of the first consignor acting on behalf of the Seller, unless otherwise specified.

(2) The method of shipping and packaging are subject to the Seller’s reasonable discretion.

(3) The risk is transferred to the customer at the latest when the delivery item is handed over (the start of the loading process is decisive) to the forwarding agent, freight carrier or other third party appointed to carry out the shipment. This also applies if partial deliveries are made or the seller has undertaken other services (e.g. shipping). If the shipment or handover is delayed due to a circumstance for which the customer is responsible, the risk is transferred to the customer from the day on which the delivery item is ready for shipment and the seller has notified the customer of this.

(4) Storage costs after the transfer of risk shall be borne by the customer. If the goods are stored by the seller, the storage costs shall amount to 0.51% of the invoice amount of the goods to be stored per week. The right to assert and provide evidence of additional or lower storage costs remains reserved.

(5) The shipment will be insured by the Seller against theft, breakage, transport, fire and water damage or other insurable risks only at the express request of the Customer and at the Customer’s expense.

(6) If acceptance is to take place, the purchased item shall be deemed to have been accepted if

• the delivery is completed,
• the seller has informed the customer of this, referring to the acceptance fiction according to this §5 (6) and has requested the customer to accept the goods,
• twelve working days have passed since delivery or installation or the customer has started using the purchased item (e.g. has put the delivered system into operation / put the delivered system into sale or has started a partial sale) and in this case six working days have passed since delivery or installation and
• the customer has failed to accept the goods within this period for a reason other than a defect reported to the seller which makes the use of the goods impossible or significantly impairs it.

(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period does not apply to claims for damages by the customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by the seller or his vicarious agents, which in each case become time-barred according to the statutory provisions. In the case of material defects, the quality agreement takes precedence over the objective requirements.

(2) The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by him. With regard to obvious defects or other defects that would have been apparent upon immediate, careful inspection, they are deemed to have been approved by the buyer if the seller does not receive a written complaint within seven working days of delivery. With regard to other defects, the delivered items are deemed to have been approved by the buyer if the complaint is not received by the seller within seven working days of the time at which the defect became apparent; if the defect was already obvious at an earlier point in time during normal use, this earlier point in time is decisive for the start of the complaint period. The customer must document the receipt of the goods, the performance of the incoming goods inspection and the exact times of these. The documentation must be handed over to the seller on request in order to enable him to prove that he has complied with his own obligation to notify his third-party supplier of defects. At the seller's request, a defective delivery item must be returned to the seller freight paid. If the complaint is justified, the seller will reimburse the costs of the cheapest shipping method; This shall not apply if the costs increase because the delivery item is located at a location other than the place of intended use.

(3) In the event of material defects in the delivered items, the seller is initially obliged and entitled to repair or replace the goods at his discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement, the customer may withdraw from the contract or reduce the purchase price appropriately.

(4) If a defect is due to the fault of the Seller, the Customer may claim damages under the conditions set out in Section 8.

(5) In the case of defects in components from other manufacturers which the seller cannot remedy for licensing or practical reasons, the seller will, at its discretion, assert its warranty claims against the manufacturers and suppliers on behalf of the customer or assign them to the customer. Warranty claims against the seller for such defects exist under the other conditions and in accordance with these General Terms and Conditions of Delivery only if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example due to insolvency, is futile. During the duration of the legal dispute, the limitation period for the customer's warranty claims against the seller is suspended.

(6) The warranty shall be void if the customer modifies the delivery item or has it modified by a third party without the consent of the seller and this makes the rectification of the defect impossible or unreasonably difficult. In any case, the customer must bear the additional costs of rectifying the defect resulting from the modification.

(7) The warranty period for used items is 12 months from delivery or, if acceptance is required, from acceptance.

(8) If the seller delivers an item to the customer with a manufacturer's guarantee, a claim against the seller requires a previous unsuccessful written assertion of the guarantee claims against the respective manufacturers. This does not apply if the scope of the manufacturer's guarantee declaration falls short of the rights according to §6 (1) to (7) of these general delivery conditions or if the seller has given a more extensive guarantee than the manufacturer. The seller will make the information on the manufacturer available to the customer for the assertion of possible guarantee claims available. If the customer has made use of the 48-month long-term guarantee, §443 BGB with extended customer rights is applicable.

(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance. This period does not apply to claims for damages by the customer arising from injury to life, body or health or from intentional or grossly negligent breaches of duty by the seller or his vicarious agents, which in each case become time-barred according to the statutory provisions. In the case of material defects, the quality agreement takes precedence over the objective requirements.

(2) The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by him. With regard to obvious defects or other defects that would have been apparent upon immediate, careful inspection, they are deemed to have been approved by the buyer if the seller does not receive a written complaint within seven working days of delivery. With regard to other defects, the delivered items are deemed to have been approved by the buyer if the complaint is not received by the seller within seven working days of the time at which the defect became apparent; if the defect was already obvious at an earlier point in time during normal use, this earlier point in time is decisive for the start of the complaint period. The customer must document the receipt of the goods, the performance of the incoming goods inspection and the exact times of these. The documentation must be handed over to the seller on request in order to enable him to prove that he has complied with his own obligation to notify his third-party supplier of defects. At the seller's request, a defective delivery item must be returned to the seller freight paid. If the complaint is justified, the seller will reimburse the costs of the cheapest shipping method; This shall not apply if the costs increase because the delivery item is located at a location other than the place of intended use.

(3) In the event of material defects in the delivered items, the seller is initially obliged and entitled to repair or replace the goods at his discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement, the customer may withdraw from the contract or reduce the purchase price appropriately.

(4) If a defect is due to the fault of the Seller, the Customer may claim damages under the conditions set out in Section 8.

(5) In the case of defects in components from other manufacturers which the seller cannot remedy for licensing or practical reasons, the seller will, at its discretion, assert its warranty claims against the manufacturers and suppliers on behalf of the customer or assign them to the customer. Warranty claims against the seller for such defects exist under the other conditions and in accordance with these General Terms and Conditions of Delivery only if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example due to insolvency, is futile. During the duration of the legal dispute, the limitation period for the customer's warranty claims against the seller is suspended.

(6) The warranty shall be void if the customer modifies the delivery item or has it modified by a third party without the consent of the seller and this makes the rectification of the defect impossible or unreasonably difficult. In any case, the customer must bear the additional costs of rectifying the defect resulting from the modification.

(7) The warranty period for used items is 12 months from delivery or, if acceptance is required, from acceptance.

(8) If the seller delivers an item to the customer with a manufacturer's guarantee, a claim against the seller requires a previous unsuccessful written assertion of the guarantee claims against the respective manufacturers. This does not apply if the scope of the manufacturer's guarantee declaration falls short of the rights according to §6 (1) to (7) of these general delivery conditions or if the seller has given a more extensive guarantee than the manufacturer. The seller will make the information on the manufacturer available to the customer for the assertion of possible guarantee claims available. If the customer has made use of the 48-month long-term guarantee, §443 BGB with extended customer rights is applicable.

(1) The Seller's liability for damages, regardless of the legal basis, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tort, is limited in accordance with this Section 8 to the extent that fault is relevant in each case.

(2) The seller is not liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents, unless this involves a breach of essential contractual obligations. Essential contractual obligations include the obligation to deliver and install the delivery item on time, its freedom from legal defects and material defects that impair its functionality or usability to a greater than insignificant extent, as well as advisory, protective and care obligations that are intended to enable the customer to use the delivery item in accordance with the contract or that are intended to protect the life or limb of the customer's personnel or to protect their property from significant damage.

(3) To the extent that the seller is liable for damages in accordance with Section 8 (2), this liability is limited to damages that the seller foresaw as a possible consequence of a breach of contract when concluding the contract or that he should have foreseen if he had exercised due care. Indirect damages and consequential damages that are the result of defects in the delivery item are also only compensable to the extent that such damages are typically to be expected when the delivery item is used as intended.

(4) In the event of data loss, the seller is only liable if the customer has verifiably backed up the data regularly - at least once a day. Liability for data loss is limited to the cost of restoring the data if a backup copy exists, unless the data loss was caused intentionally or through gross negligence by the seller. Otherwise, liability is excluded.

(5) In the event of liability for simple negligence, the Seller's liability for damage to property and any resulting financial loss is limited to an amount of EUR 5,000 per claim, even if it involves a breach of essential contractual obligations.

(6) The above exclusions and limitations of liability apply to the same extent to the bodies, legal representatives, employees and other vicarious agents of the Seller.

(7) If the Seller provides technical information or advice and this information or advice is not part of the contractually agreed scope of services owed by him, this is done free of charge and to the exclusion of any liability.

(8) The customer guarantees that he will not install or incorporate the items supplied by the seller into the customer's products for the purpose of distribution to third parties. The items to be supplied by the seller may not be used by the customer in series production. The seller assumes no responsibility for series defects. In the event of a violation, the seller's liability is excluded to the extent permitted by law.

(9) The limitations of this Section 8 shall not apply to the Seller’s liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act

(1) The seller reserves title to the items sold until all current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

(2) The items subject to retention of title may not be pledged to third parties or transferred as security before the secured claims have been paid in full. The customer must notify the seller immediately in writing if an application for the opening of insolvency proceedings is made or if third parties (e.g. seizures) take effect on the items belonging to the seller.

(3) If the customer acts in breach of contract, in particular if the purchase price due is not paid, the seller is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the item on the basis of the retention of title. The demand for return does not simultaneously entail a declaration of withdrawal; rather, the seller is entitled to simply demand the return of the item and to reserve the right to withdraw. If the customer does not pay the purchase price due, the seller may only assert these rights if he has previously unsuccessfully set the customer a reasonable deadline for payment or if such a deadline is unnecessary according to the statutory provisions.

(4) The customer is authorized to resell and/or process the item subject to retention of title in the ordinary course of business until revoked in accordance with b) below. In this case, the following provisions apply in addition.
a) The customer hereby assigns all claims against third parties arising from the resale of the item to the seller as security. The seller accepts the assignment. The customer's obligations set out in paragraph 2 also apply with regard to the assigned claims.
b) The customer remains authorized to collect the claim alongside the seller. The seller undertakes not to collect the claim as long as the customer meets his payment obligations to him, there is no lack of his ability to pay and he does not assert the retention of title by exercising a right in accordance with paragraph 3. If this is the case, however, the seller can demand that the customer inform him of the assigned claims and their debtors, provide all information necessary for collection, hand over the associated documents and inform the debtors (third parties) of the assignment. In this case, the seller is also entitled to revoke the customer's authorization to further sell and process the goods subject to retention of title.
c) If the realisable value of the securities exceeds the Seller's claims by more than 10%, the Seller shall, at the Client's request, release securities of its choice.

(1) With regard to the items to be delivered, the customer is obliged to observe and comply with all applicable laws and provisions of foreign trade law, in particular the regulations on export controls and trade embargoes. This includes German, European law and foreign national regulations, in particular the regulations of the US export administration. The items to be delivered may not be resold, exported, re-exported, distributed, transferred or otherwise disposed of, either directly or indirectly, without first observing all restrictions, obtaining the necessary administrative decisions and fulfilling all formalities that must be observed or required under the aforementioned laws, regulations and other rules.

(2) If the seller has undertaken to transport the items to a delivery location outside of Deutschland, the customer is obliged to inform the seller in writing about any special legal regulations of the country of destination that the seller must observe in connection with the sale and delivery of the items. The customer must inform the seller at an early stage, but no later than upon conclusion of the contract, whether the items to be delivered are intended to be used in the military goods or armaments industry or for any other military use by the customer or a third party in a country outside the European Union or whether this cannot be ruled out.

(3) If no notification is made in this regard, this shall be deemed to be an assurance by the customer that no such direct or indirect military use of the items to be delivered will take place in such a state. If, however, there are concrete indications of possible military use in such a state, the seller is entitled to obtain a decision from the Federal Office of Economics and Export Control on the requirement for approval of the transport process or to request that the customer obtain one; claims by the customer due to delays resulting from this are excluded.

(1) When returning devices with storage media (e.g. hard drives, USB sticks, etc.) to the seller, for whatever reason (warranty, repair, reversal of the purchase, etc.), the customer is obliged to back up data, in particular personal and confidential data, from the devices before returning them and then delete them permanently and securely.

(2) The seller cannot guarantee that all data and data fragments will be irretrievably deleted and is not liable for the data not falling into the hands of third parties. The customer releases the seller from all claims that may result from the fact that data of any kind was still present on the device or the associated data storage devices that were returned. This also applies to any claims by third parties. If data is still present on the storage media, this is not confidential.

(3) If it is not technically possible for the customer to delete the data before returning storable items, the customer must inform the seller in writing before returning the item that the item still contains confidential and/or personal data or other data relating to it that it was impossible for the customer to delete for technical reasons. The customer acknowledges that this notification does not oblige the seller to successfully delete the data in question.

(1) The seller will immediately confirm receipt of the order electronically. This confirmation letter does not constitute acceptance of the contract. Deviating from §2 (1), acceptance occurs upon receipt of the item by the customer after the seller has sent the item or upon the seller having performed the services for the customer.

(2) The language of the contract is English.

(3) The seller saves the contract text and sends the order data to the customer by email. The customer can view the general terms and conditions for business customers and the general delivery conditions at any time at www.the-weezel.com/legal-center/. You can view your previous orders under the navigation point "My orders" if you have registered as a customer and logged in to the website with your customer data.

(4) In the online shop, the customer can find out the validity period of limited-time offers. Despite careful stocking, it may happen that some promotional items are sold out faster than expected. The seller cannot therefore give a delivery guarantee. The following applies: Only while stocks last.

(5) In the case of production based on customer requests (items that are made specifically for the customer), there is no right of cancellation from the start of production or receipt of payment (whichever is earlier). The complaint about defects and material defects remains unaffected. The customer is informed of this fact in the online shop by the note "made for you" (or something similar). The order acceptance and the delivery time are subject to the availability of basic materials.

(6) Registered customers can order qualified shopping carts and items via quick order without going through the checkout process. By clicking on "Order now for a fee", the order is triggered according to the conditions specified in the quick order.

(1) The seller offers the customer the opportunity to return the ordered items within 14 days without giving reasons. The return period is 14 days from the day on which the customer or a third party designated by him, who is not the carrier, takes possession of the items. The customer bears the costs of returning the items. For items that cannot be returned as normal parcel post due to their nature and are marked as "bulky goods" on the invoice, the following applies: The customer delivers the items to the seller's German shipping address. If the return is made from abroad, the customer must bear the costs of the return. Payments already made will be credited to the customer account if the return of the item has been accepted.

(2) The return shipment must be made to:
THE WEEZEL SALES
B2B Returns
Amthausstr. 1
35428 Langgöns

(3) The seller grants the voluntary right of return under the following conditions:

• the item is unused,
• the item is undamaged, and
• the article is complete.

Testing or trying out the item is considered use of the item.

(4) The Voluntary Right of Return shall not apply to

• Image, sound and data storage media, CDs, DVDs, software, provided their seal has been opened or downloaded online
• Newspapers, magazines and illustrated magazines
• Books, provided the protective cover has been opened or they have been downloaded online
• Articles that are made to customer / client specifications or are clearly tailored to the personal needs of the customer / client
• Items that are not suitable for return due to their nature or that can spoil quickly or whose expiration date has passed
• Items that are configured from standard components according to customer / client specifications, such as individually configured bongs, lighting with / without installations, as soon as they are used or put into operation
• Kits assembled by customers / clients and parts that are already installed by the customer or client
• Batteries, rechargeable batteries, cables, lamps, semiconductors, hygiene products, seeds, flowers, flower products, flower components or similar articles, provided their seal or packaging has been opened
• Sold by the meter, consumables
• Special orders from the customer / client, such as spare parts ordered specifically for the customer / client, etc.
• Large-scale deliveries for which the client was granted special conditions

(5) There is no right of withdrawal if the customer has commissioned the provision of a service and the seller has fully provided the service or has already begun to provide the service. Finally, a right of withdrawal is also excluded if the seller purchases the item from third-party suppliers who do not grant a right of return. In this case, the item is marked accordingly in the shop.

All information that the client receives from the seller in connection with this contract is considered confidential unless it is publicly known. Reverse engineering (Section 3 I No. 2 GeschGehG) is not permitted. Confidential information must be kept secret and may not be made available to third parties during the term of the contract and for up to three years after its termination. The content and conditions of this contract are also protected by this confidentiality obligation.

(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between the seller and the customer shall be Giessen or the customer's registered office, at the seller's discretion. In these cases, however, Giessen shall be the exclusive place of jurisdiction for claims against the seller. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this regulation.

(2) The relationship between the seller and the customer is subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.

(3) To the extent that the contract or these General Terms and Conditions of Delivery contain regulatory gaps, the legally effective provisions which the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had known about the regulatory gap shall be deemed to have been agreed upon to fill these gaps.